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Filing bankruptcy can halt garnishment in Ohio

Many people who find themselves in financial distress tend to ignore calls from creditors. It is also common for individuals to ignore many notices that come in the mail when the notices appear to be debt related.

In Ohio, creditors who have obtained a judgment on a debt can seek a court order to garnish many types of income. There are exceptions generally related to government benefits, such as Social Security or unemployment, among others. Cincinnati bankruptcy attorneys know that an effective way to halt wage garnishment in its tracks is through filing for chapter 7 or chapter 13 bankruptcy.

Ignoring notices from Ohio courts that are be debt related can at times result in a court order for garnishment of wages. Credit card companies often seek a judgment in court saying an individual owes money. If the debtor does not respond to the lawsuit, the court may order the judgment. The creditor can then seek an order from the court to garnish bank accounts and wages. In each of the court actions, the court will mail notices to the debtor to give the individual an opportunity to respond, and possibly dispute the debt.

Ignoring the paperwork often leaves a person who owes money with a devastating surprise when money is garnished from a paycheck or bank account. When a petition for bankruptcy is filed, the bankruptcy court issues an automatic stay on all attempts to collect on past debts. The phone calls must stop. The letters must stop. More importantly, in these cases, the garnishment must stop.

Garnishment can leave a person struggling with making ends meet with more complications in covering necessary expenses. Smaller paychecks and depleted bank accounts not only leave less money to cover the necessary expenses, but may also result in overdraft fees from the bank. The unending circle of garnishment can be unbearable.

Source: Rapid City Journal, "THE CREDIT GUY: Ignoring debt lawsuit can lead to wage garnishment," Todd Ossenfort 11 Feb 2011

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